State v. Lowe
2014 Ohio 1817
Ohio Ct. App.2014Background
- Lowe was convicted of aggravated murder, attempted aggravated murder, and gun specifications at a 2002 bench trial before a visiting judge.
- This Court previously affirmed Lowe’s convictions on direct appeal.
- Lowe repeatedly challenged the visiting judge’s qualifications in several motions, including a request for a final appealable order; those were denied or not appealed.
- In 2013 Lowe filed a motion in arrest of judgment, which the trial court denied on res judicata grounds.
- Lowe timely appealed, raising one assignment of error regarding structural error from the visiting judge’s alleged lack of authority.
- The appellate court held that res judicata barred Lowe’s claims and that the trial court’s judgment remained valid.
- The court affirmed the judgment of the Summit County Court of Common Pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lowe’s structural-error claim invalidates the judgment. | Lowe argues the visiting judge lacked authority to preside. | Lowe contends lack of authority voids the judgment. | Res judicata bars the claim; judgment not void. |
| Whether res judicata bars Lowe’s challenge to the visiting judge’s qualifications. | Lowe insists void-judgment exception applies to jurisdictional issues. | Res judicata applies; issues could have been raised earlier. | Res judicata precludes the claims; no reversal. |
Key Cases Cited
- In re J.J., 111 Ohio St.3d 205 (2006-Ohio-5484) (void vs voidable; jurisdiction over the case vs judge’s office)
- Pratts v. Hurley, 102 Ohio St.3d 81 (2004-Ohio-1980) (distinction between jurisdiction of court and right of judge to hold office)
- Ex parte Strang, 21 Ohio St. 610 (1871) (inquiry into the right of the judge to hold office; not jurisdiction of the offense)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (res judicata bars repeated attacks on final judgments)